1-1     By Jackson                                            H.B. No. 1254

 1-2     75R5964 JMC-D                           

 1-3                                   AN ACT

 1-4     relating to the validation of all acts, governmental proceedings,

 1-5     officials, bonds, and obligations of navigation districts and port

 1-6     authorities.

 1-7           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-8           SECTION 1.  DEFINITION.  In this Act, "district" means a

 1-9     navigation district or a port authority created under Section 52,

1-10     Article III, or Section 59, Article XVI, Texas Constitution, or

1-11     other public port authority.

1-12           SECTION 2.  VALIDATION.  The following are validated and

1-13     confirmed in all respects:

1-14                 (1)  all acts and governmental proceedings of a

1-15     district taken before the effective date of this Act;

1-16                 (2)  all commissioners or other officials of a

1-17     district, whether elected or appointed,  who took office before the

1-18     effective date of this Act; and

1-19                 (3)  all bonds and other obligations of a district

1-20     authorized before the effective date of this Act, including all

1-21     proceedings taken before the effective date of this Act that are

1-22     related to those bonds or other obligations, regardless of whether

1-23     the bonds or obligations are:

1-24                       (A)  payable from tax revenue or otherwise; or

1-25                       (B)  issued on or before the effective date of

1-26     this Act.

1-27           SECTION 3.  APPLICABILITY.  Section 2 of this Act does not

1-28     apply to an act, proceeding, commissioner or official, bond, or

1-29     obligation the validity of which or of whom is the subject of

1-30     litigation that is pending on the effective date of this Act.

1-31           SECTION 4.  EMERGENCY.  The importance of this legislation

1-32     and the crowded condition of the calendars in both houses create an

1-33     emergency and an imperative public necessity that the

 2-1     constitutional rule requiring bills to be read on three several

 2-2     days in each house be suspended, and this rule is hereby suspended,

 2-3     and that this Act take effect and be in force from and after its

 2-4     passage, and it is so enacted.

 2-5                          COMMITTEE AMENDMENT NO. 1

 2-6           Amend HB 1254 by striking the existing SECTION 3 and

 2-7     substituting the following:

 2-8           SECTION 3.  APPLICABILITY.  Section 2 of this Act does not

 2-9     apply to:

2-10                 (1)  an act, proceeding, commissioner or official,

2-11     bond, or obligation the validity of which or of whom is the subject

2-12     of litigation that is pending on the effective date of this Act;

2-13                 (2)  an act or proceeding relating to the conveyance by

2-14     a district of any interest in real property that had originally

2-15     been patented or otherwise conveyed to the district by the state if

2-16     such act or proceeding by the district violated any restriction or

2-17     condition of the patent or other conveyance from the state; or

2-18                 (3)  an act or proceeding that violated Section 61.117,

2-19     Water Code.

2-20                                                                    King